Remove 2022 11
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Insolvency Service continues to target Bounce Back loan abusers

UK debt collections

The Insolvency Service has continued to target bounce back loan abusers in the UK. They have successfully secured restrictions against a gym operator and roofer after they falsely claimed bounce back loans for their respective businesses. However, Dar also applied for additional loans by applying to two separate financial institutions.

Loans 87
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Business Insolvencies at their highest since 1993

UK debt collections

The Insolvency Service said 25,158 companies were declared insolvent last year, up from 22,123 in 2022. companies went insolvent out of every 10,000 trading, up from 49.6 in 2022, it said. More businesses entered insolvency last year than at any point since 1993, as higher interest rates weigh on UK firms, official data shows.

Trade 75
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UK Exporters braced for non-payment rise from overseas customers

UK debt collections

The number of UK exporters anticipating an increase in the risk of non-payment has risen from 27% to 43% year on year, according to a survey conducted by credit insurer Allianz Trade. Somersan Coqui adds that this finding fits with the underwriter’s outlook for global insolvencies, which are expected to rise by 21% in 2023, versus 2% in 2022.

Trade 52
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It’s Getting Chilly: The “Cryptowinter” Marches On

PBWT

Three Arrows Capital is an investment firm that focused on trading cryptocurrency. Because the company was so heavily invested in crypto, the plunging value of those assets resulted in the company defaulting on its loan obligations. On July 13, 2022, Celsius Network filed Chapter 11.

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

Federal Activities: On November 11, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra delivered remarks before the FDIC Systemic Resolution Advisory Committee. On November 11, prominent cryptocurrency exchange FTX abruptly filed for Chapter 11 bankruptcy and founder Sam Bankman-Fried resigned as CEO.

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District Court Rejects the Narrowing of § 546(e) “Safe Harbor” Provision and Applies Safe Harbor to Privately Held Securities

ABI

1] The safe harbor rule set out in Section 546(e) of Title 11 of the United States Code (the “Bankruptcy Code”) provides, in part, that a trustee may not avoid a transfer made before the commencement of the case in connection with a securities contract, as defined in Section 741(7), made by, to, or for the benefit of a financial institution. [2]

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Troutman Pepper Weekly Consumer Financial Services Newsletter

Troutman Sanders

On October 2, Grayscale Investment submitted its filing to the Securities and Exchange Commission (SEC) to convert its Ethereum Trust into a spot exchange traded fund (ETF). On September 29, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) filed a joint amicus brief in the U.S.